After losing a loved one, legal deadlines may be the last thing on your mind. However, Georgia law sets strict time limits for filing wrongful death claims, and prompt action is essential for protecting your family’s right to compensation. Waiting until the deadline approaches can complicate your case and limit your options for recovery, so it is important to speak with an Atlanta wrongful death lawyer right away.
The Georgia Wrongful Death Statute of Limitations
In Atlanta—and the rest of Georgia—you must file a wrongful death lawsuit within two years of the date of your loved one’s death. This legal time limit, known as the statute of limitations, serves as a strict deadline for taking legal action. Missing this deadline typically means losing the right to seek compensation permanently.
Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.
Exceptions to These Time Limits
The two-year statute of limitations applies to most wrongful death claims. However, there are certain situations where this deadline can be extended. These include:
- Cases Involving Crimes: When the death results from a criminal act, the time limit pauses until the criminal case concludes, potentially extending the deadline up to six years. This extension ensures families can focus on the criminal proceedings without affecting their civil claims.
- Cases Where the Estate Is Still in Probate: Estate administration can be a complex and lengthy process. If the deceased person’s estate remains in probate, Georgia law permits an extension of up to five years before the statute of limitations begins running.
What Happens If You Do Not File in Time?
If you believe that your family qualifies for a wrongful death lawsuit, it is important to act quickly. Two years may seem like a long time, but it can pass before you know it. Filing after this deadline typically results in the immediate dismissal of your case, regardless of its merit. This means that your family will permanently lose the right to seek compensation for medical expenses, funeral costs, lost income, and other damages.
While the statute of limitations may seem harsh, this deadline serves several important roles. First, it ensures that evidence remains fresh and witnesses can accurately recall important details about the incident. Second, it provides both parties with clarity and certainty about when legal claims must be resolved.
Don’t Wait—Contact Monge & Associates Today
After the loss of a loved one, do not wait to seek help. Instead, contact a wrongful death lawyer at Monge & Associates as soon as possible. Our firm can review your case details to determine the exact filing deadline that applies to your situation and immediately begin the process of filing your claim.
Take the first step toward protecting your family’s rights. Contact us at (678) 535-3938 for a free, no-obligation consultation and discuss your legal options with an Atlanta wrongful death attorney.